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Supreme Court of India 2018-10-25 dismissed

Kelvin Jute Co. Ltd. Workers Provident Fund and Anr vs Krishna Kumar Agarwala and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Kelvin Jute's workers provident fund sought to recover Rs. 2 crores plus interest from the company's trust. The High Court ordered transfer of this amount, affirmed by the Supreme Court in 2016. The company (now Trend Vyapaar Ltd.) later sought to modify this order, arguing fraud by the petitioner and claiming its liability was capped at Rs. 1.95 crores under a merger scheme. The Supreme Court dismissed the modification applications, holding that final judgments cannot be reopened through interlocutory applications. However, the Court permitted a proper review petition before the High Court on fraud allegations and directed transfer of the deposited Rs. 1.95 crores to Waverly Trust pending any review outcome.

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Employees' Provident Funds Trust Law Company Mergers and Transfers Supreme Court Procedure Article 142 Fraud on Court Review Jurisdiction

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